California and Federal Forfeitures
California and Federal Forfeitures

Returning Seized Money and Property
MONEY AND PROPERTY CAN BE RETURNED BY SUCCESSFULLY OPPOSING FORFEITURE ACTIONS

The government often seizes money and property it has no right to take. The government hopes that the victim will simply walk away to avoid the fight it takes to get the items back. A knowledgeable and experienced lawyer can successfully oppose forfeiture and get all, or most, of your property back. There is no reason to “lie down and play dead” just because the government has taken your property. You have rights! Make sure you exercise them and do everything you can to try and get your property back. You need an experienced Forfeiture Lawyer, like Kenneth H. Lewis with over 30 years experience in successfully returning seized property.

WHAT IS FORFEITURE?

Forfeiture occurs when the government, state or federal, has taken money and/or property away from parties that have allegedly obtained it illegally, and/or as the fruit of an illegal activity. It is based upon ancient maritime law where ships could be seized by the government. It has been expanded to include all types of allegedly illegal activities. Sometimes there does not even have to be the formal allegation of a crime – only that the victim cannot explain where he or she obtained the money or property! The State of California and the Federal Government have similar, though by no means identical, forfeiture statutes.

WHAT IS THE FORFEITURE PROCESS?

There are two common types of forfeitures. The first is in connection with a criminal investigation or arrest. The police find money or property upon the person arrested or investigated, or they find money or property in connection with that person, such as a car, house, boat or bank account. They then seize it claiming that it was obtained as a result of the illegal activity, such as money from drug sales. Or, they could claim that the property was bought with the proceeds of the illegal activity, such as a house allegedly purchased with drug money.

The second common type of forfeiture occurs at airports or border crossings. The agents find a person in an airport, or crossing the border with a large sum of money. They find that no independent crime has been committed, like transporting narcotics, but find that the amount of money is so large or unusually wrapped, that they “believe” it must be from an illegal activity or source. They then seize it and issue a “receipt” for it. Believe it or not, all the government has to do is show a “prima facie case”, i.e. a presumption that illegality is involved, and then the burden shifts to you to prove that the property should be given back. In other words, you have the burden to prove you are entitled to your own property!

WHAT CAN I DO IF MY MONEY AND/OR PROPERTY IS SEIZED?

• Say nothing to the authorities
• An experienced forfeiture attorney like Kenneth H. Lewis should be present
• Sign nothing other than a simple receipt
• Never give up your claim to the property
• Watch for any “Forfeiture Notices” in the mail and seek forfeiture counsel immediately – do not delay!
• Have some one check your mail if you’re not available to do it yourself
• Fight any criminal case with an attorney that understands forfeiture law
• Gather all evidence that shows the legal source of the money and property

A FORFEITURE LAWYER WITH EXPERIENCE GETS RESULTS!

Kenneth H. Lewis has extensive experience and success in forfeiture cases, both state and federal. You stand a much greater chance of success with such an experienced counsel. He is not only admitted before all the courts in California, but also the United States District Court for the Central District of California, the United States 9th Circuit Court of Appeal, and the United States Supreme Court, where he appeared at counsel’s table in the case of California vs. Rooney.

Free consultations are available. Mr. Lewis will be happy to sit down with you and get all the information necessary to make a decision about what needs to be done. He will go to the jail to interview if necessary. He will explain the entire forfeiture process in detail and, if retained, keep in touch at all times. He will take every initiative to see that your property and money are returned. He will never rest until the case is favorably resolved.

Call Ken Lewis now to schedule a FREE CONSULTATION at: 213-624-4904, day or night, or e-mail him at KenLewis@californiaforfeitureattorney.com

LAW OFFICES OF KENNETH H. LEWIS AND ASSOCIATES
633 West Fifth Street, 26th Floor
Los Angeles, CA 90071

TELEPHONE
213-624-4904

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info@californiaforfeitureattorney.com

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